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The Florida Senate

2004 Florida Statutes

Section 100.061, Florida Statutes 2004

1100.061  First primary election.--In each year in which a general election is held, a first primary election for nomination of candidates of political parties shall be held on the Tuesday 9 weeks prior to the general election. Each candidate receiving a majority of the votes cast in each contest in the first primary election shall be declared nominated for such office. A second primary election shall be held as provided by s. 100.091 in every contest in which a candidate does not receive a majority.

History.--s. 5, ch. 6469, 1913; RGS 303; CGL 359; s. 2, ch. 13761, 1929; s. 1, ch. 17897, 1937; s. 7, ch. 26329, 1949; s. 4, ch. 26870, 1951; s. 1, ch. 57-166; s. 1, ch. 59-4; s. 1, ch. 69-1745; s. 4, ch. 83-251.

1Note.--Section 30, ch. 2003-415, provides that:

"(1)  Notwithstanding s. 100.061, Florida Statutes, for the year 2004, a primary election for nomination of candidates of political parties shall be held on the Tuesday nine weeks prior to the general election. The candidate receiving the highest number of the votes cast in each contest in the primary election shall be declared nominated for such office. If two or more persons receive an equal and highest number of votes for the same office, such persons shall draw lots to determine who shall receive the nomination.

"(2)  Notwithstanding s. 100.091, Florida Statutes, or any other provision of the Florida Election Code to the contrary, there shall be no second primary election between the effective date of this act and January 1, 2006.

"(3)(a)  No later than 5 p.m. of the 9th day following the primary election in 2004, each candidate for Governor shall designate a Lieutenant Governor as a running mate. Such designation must be made in writing to the Department of State.

"(b)  No later than the time specified in paragraph (a), each designated candidate for Lieutenant Governor shall file with the Department of State the qualifying papers specified in s. 99.063, Florida Statutes.

"(4)(a)  For the 2004 elections, following the last day of qualifying for office, reports required under s. 106.07, Florida Statutes, shall be filed on the 32nd, 18th, and 4th days immediately preceding the primary election and on the 46th, 32nd, 18th, and 4th days immediately preceding the general election, notwithstanding any provision of s. 106.07, Florida Statutes, to the contrary.

"(b)  For the 2004 elections, following the last day of qualifying for office, any statewide candidate who has requested to receive contributions from the Election Campaign Financing Trust Fund or any statewide candidate in a race with a candidate who has requested to receive contributions from the trust fund shall file reports on the 4th, 11th, 18th, 25th, and 32nd days immediately preceding the primary election and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th, and 53rd days prior to the general election.

"(5)  For the 2004 elections, there shall be two elections for purposes of the contribution limits in s. 106.08, Florida Statutes."

Note.--Former s. 102.05.